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*20151088* 20151088 11'20/2015 8:30 AM Patti Nickell 1 of 3 DT R$21.00 DS0.00 Bent County Clerk Deed of Trust DATE: October 14 , 2015 GRANTOR: FORT LYON CANAL COMPANY BENEFICIARY: COLORADO WATER CONSERVATION BOARD COUNTY: BENT PRINCIPAL LOAN AMOUNT: $1,629,130 LOAN CONTRACT NUMBER: CT2016-1987 TERMS OF REPAYMENT: 1.75 % interest for 30 years COLLATERAL: An undivided one-hundred percent interest in the Horse Creek Flume and all appurtenances, including any easements, rights-of- ways or other property or property interests held and used in connection with the access and operation of said flume. The flume is located in the SE 1/4 of the NW 1/4 of the NW 1/4 of Section 29, Township 22 South, Range 53 West of the 6th P.M. and approximately nine miles northwest of the City of Las Animas, in Bent County. This indenture is between the Grantor, and the Public Trustee of the above referenced COUNTY, State of Colorado ("PUBLIC TRUSTEE"), FACTUAL RECITALS 1. The GRANTOR has executed a PROMISSORY NOTE of even date and amount, set forth in the LOAN CONTRACT, for a loan in the PRINCIPAL LOAN AMOUNT to be repaid to the BENEFICIARY, with TERMS OF REPAYMENT and in accordance with the PROMISSORY NOTE or until loan is paid in full. 2. The GRANTOR is desirous of securing payment of the PRINCIPAL LOAN AMOUNT and interest of said PROMISSORY NOTE t0 the BENEFICIARY. The GRANTOR, in consideration of the premises and for the purpose aforesaid, does hereby grant, bargain, sell and convey unto the said PUBLIC TRUSTEE in trust forever, the above described COLLATERAL. To have and to hold the same, together with all appurtenances, in trust nevertheless, that in case of default in the payment of said PROMISSORY NOTE, or any part thereof, or the interest thereon, or in the performance of any covenants hereinafter set forth or in said PROMISSORY NOTE or LOAN CONTRACT, then upon the BENEFICIARY filing notice of election and demand for sale, said PUBLIC TRUSTEE, after advertising notice of said sale weekly for not less than four weeks in some newspaper of general circulation in said COUNTY, shall sell said COLLATERAL in the manner provided by law in effect at the time of filing said notice and demand, at public auction for cash, at any proper place designated in the notice of sale. Out of the proceeds of said sale, the PUBLIC TRUSTEE shall retain or pay first all fees, charges and costs and all moneys advanced for taxes, insurance and assessments, or on any prior encumbrance, with interest thereon and pay the principal and interest due on said PROMISSORY NOTE, rendering the overplus, if any, unto the GRANTOR; and after the expiration of the time of redemption, the PUBLIC TRUSTEE shall execute and deliver to the purchaser a deed to the COLLATERAL sold. The BENEFICIARY may purchase said COLLATERAL or any part thereof at such sale. Appendix 6 Page 1 of 3